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Case Stories
⏳ EB-3 Priority Date Porting - India PD January 2016
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⏳ **Case Status: Pending**
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An India-born Canadian citizen with an approved PERM and I-140 from 2016 was laid off in 2024 and is now navigating priority date porting with a new employer. The new employer's PERM process is delayed due to a cooling-off period following layoffs, with the labor market test expected to begin mid-2026. The case raises concerns about AOS filing windows if the priority date becomes current before the new PERM is filed.
This case involves an EB-3 applicant with an approved I-140 (approved 2016) and a January 2016 priority date who was laid off in 2024 after 8 years of waiting. A new employer agreed to port the priority date by sponsoring a new PERM, but company-wide layoffs triggered a mandatory cooling-off period, delaying the labor market test until mid-2026. The applicant holds H-1B status and qualifies for extensions beyond the 6-year cap due to the approved I-140. Key concerns include: (1) whether the priority date will become current before the new PERM and I-140 are approved, making AOS filing impossible under the new petition; (2) vulnerability to another layoff within the 60-day H-1B grace period; (3) whether any alternative pathways exist to preserve or act on the January 2016 priority date.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1rxpg66/porting_priority_date/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
Applicants in similar situations should note that a priority date can only be ported once a new I-140 is approved — having an old approved I-140 alone does not allow AOS filing unless that petition is still active or a new one is approved. The cooling-off period for PERM after layoffs typically lasts 6 months from the date of the layoffs. India EB-3 dates have been moving slowly and retrogressing unpredictably, so a January 2016 PD may not be immediately actionable, but this situation highlights the risk of employer dependency late in the green card process. Those with approved I-140s should explore whether AC21 portability or self-sponsorship (EB-1C, NIW) could provide a parallel pathway.